N.Y. Comp. Codes R. & Regs. tit. 7 § 261.3

Current through Register Vol. 46, No. 15, April 10, 2024

Section 261.3 - Procedure of time allowance committees

(a) For inmates entitled to be considered for good behavior allowances, the file of each such inmate shall be considered in the fourth month preceding the month of the earliest possible date he or she would be entitled to consideration for release if that date depends on the amount of good behavior allowance to be granted.

(b) The committee shall consider the entire file of the inmate, and then shall decide upon a recommendation as to the amount of good behavior allowance to be granted, applying the principles set forth in sections 260.3 and 260.4 of this Title. At such meetings, conducted in accordance with subdivision (a) of this section, any inmate who has had a recommended loss of good behavior allowance from a superintendent's hearing shall appear before the committee. The committee shall consider whether, and set forth its recommendation as to whether, the inmate's subsequent behavior merits restoration of all or part of the lost allowance and its reasons therefor.

(c) The committee shall not recommend the granting of the total allowance authorized by law or the withholding of any part of the allowance in accordance with any automatic rule, but shall appraise the entire institutional experience of the inmate and make its own determination.

(d) The committee shall promptly report the results of its deliberations in writing to the superintendent. Such report shall set forth its recommendation for the time to be allowed for the period under consideration and the reasons for the recommendation.

(e) All recommendations of the committee shall be pursuant to a decision of a majority of the members, but any member who disagrees shall note his recommendations and the reasons therefor on the report of the committee. Where a majority of the members are unable to agree upon a recommendation, the chairman shall report such fact and each member shall report his recommendation and his reasons in the report made by the chairman.

(f) Where the time allowance committee has recommended an allowance which will extend the period of incarceration beyond the earliest or any previously established release date, the inmate may be scheduled to reappear before another time allowance committee in accordance with the direction of the commissioner, superintendent or committee chairperson.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 261.3